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w lijiviirncjf i un - ya^lhj 1 i fci volume x rudlisiied wkkkly nv ai.lmand uall tuesday february 4 lÂ«0 l\0 474 river so fci n ihjtre is a hix of t*ic sra 1 .. us ii channel bat chfiyiel belongs if i the king m isdot uouna by an act of far i liament unless hebe ikait.il therein fa^y fpe i4l anil particular woi'iu nullum tempui of r i â€¢/-!,â€¢ ruul muny oilier regalia of like â– ni .> rt x v let m c/insmer life plaintiff ( v!k ilt tui cs bis jitje from lord caifcrcl p sensed of ihote royalties us parcel uf lilt > kii>nt and see it he w t all'ectid by ihe revo lu'ti'.u in i ho flili of hi i ts rlie i z ira'io.-i of ilighu and indepen dence tr the united stqtej were noi tlio nt cessay cous'.-qutnee of tl'e revolution any tnontthaa the constituti'iu l this suit wa : tlicn i dunnrft perceive ui uo.st colour for â– jbi supposition that ihe puiw.u wi ilivrs ; led liy uie mere ulivct of ih jsevulu'.iou uh-.i icki it i upon h ciouuil ut alienage ol wi.khkt.tne notice will uÂ«tai.cn in its vomv â€¢ hip flm of hji;lit in n*.)ri!i-cai-o!t:-,.i biil)is pan of the coinuitulionof th suic i'"wp t ciu itstif if the coiweniiuu wlto formsr this instrument cpn^iderecj lh jlnl i jin ilic as a iik-rc inflivitliuil or subject isri)!:e of ;,|| tlie royal di^niiiti ami iran phises v/liii-h he posa^ssejl under the l,ciu-is patent fiom car $, then i have no iicsita donln anylng thatbu lii^lit waa pre>kÂ«rÂ«ed uy hti bhvina clause in the 35th sectiotii j'lns oj)iru ii however i declare , v1 ||, mucli 4 fvrence and respect for thr defplenrning solid judgment of ;> r'-;.<l'in..n eminent in the law who i iiiukrmiw 1ms ruled the co-uraij : but-tishis o,ii,i;ons have not i bin dinr f'.:',-rtc upon tl'is court and is i caimpt ath>|)r thern wiiboul uti entire surrender oi my own opinion i have no iuutimhc no reason or argument is required ! o sup port the position i have laid dojvtij the â€¢ word ofslie proviso arc simple and compre hensive not in themselvet capable as itap > pears to na 6f niiscohs'triretion ; and by the generality nf tit expresiinus the sub i j i-k i,f giflat-nii'ain as rcil is the iiii/.:ns i of nv.rth-cinlina wi-ru certainly inciudedt | to rcs'r in the generality lif'these uxpves | s ; ns by other pni'u of the.fconstitution nii'd \ by the supposed intent of the convention rn'.ii-rih fi'om pxfftfrfeou circumstances his j beetl the hljor and study of many : but none , have succeeded to my satnfuction in this j â€¢ case it would be as tinnecos*ary as it woulj j oetedious'n through all the negative rea j boning against this restraining principle â€¢ bill i will tncleavoor to give uie true construe ; , t!nn of this section as it re^i'ds the present ( | pluintift i hilitvethat the piainti'ff posstssct royal i ties under the grantfroni george 2d it is 1 then fuir to suppove that the cbnvcnlion tn i i t rtainrd ihe s.tnie opinion indeed the j 1 fcrnnt itself was implred notice of the laci j i it vvaa a pu lir and noiprioub t!,in of which ! : the convention must be presumed to have j i knowwpe they bad expn is \ j notice i for as early -\% tla year i t4h the i j ras recognized by an act of asseinbly i ; in tills point of view let us nee if the ' ; lifts title is affected hy ihe l'.ill of h'ghts j j the constitution of ftor*lh-carolina liki those of other utatep in the union assunie'j } ! the entire soveveighty of the state and pla j j r it in the ham's off the collective body 6f , 1 the people â€” inctninj i!ie citizens thereof j i declarer that ill jrolitical powers is ves i tcl in and derived from the people only that th people of this stith ought to i ve 1 the sole and exclusite-tigm of regulating the i j in'ernal governmentand pdlice thereof tliat i no man is entitled to exclusive or seperate \ emoluments arpriviligtt from the communl ' : ty but in consideration of the public servi i \ ces â€” find that the property of the soil in a i i free government heiiuj one of ihe essential | ' rights of the collective body of the people ; . i therefore all the territories c are the right i j and property of the people of this state to j : be held by them in sovereignty ' now this constitution must operate upon : the present ri'.se in one ef the following ' j ways : â€” 1st it must strip he plaintiffs ! right of all il rr ghliu and u ave the mere ice ! j simple preserved by the proviso which i j ; cannot imagine or in.lly it protects the ! i whole right by leaving it unail'ei ted or | j 3rd!y it works a total destruction of the i right i that the plaintiff royalties wight l^nve been severed from the freehold so as to i continue the naked fee simple i:i him i ad mit but that it mas done 1 cannot believe ' it would not have been an ordinary thing rtiereforre ifit had been intended it s!i()iild i have x-en so expressed the royalties | mt-re eiirrafti.il in and rnnde part of the plain i tiff's ',â€¢'_â€¢ ; and a man is ml prentmed ;<Â» lc ! divested of privilcrcs appurtenant to a free j hold y any ex post facto dicum unless l:c he also divested of the freehold itbtlf n'cr is u!i a consti-uction consistent vith the spirit of the b111 of uii^l.ts which makes no partial deprivation but destroys the n | compfettly dnlras it btfsu^ponei tobeim lu ded in tlic proviso i ; il to suj'pos'e that in ihe preieni ca's,e would leve ihi plaintiff's lltle totally ttnaffitt :; consequent he would utuiii his loyalties then whether hi , ; right is wholly preserved or wholly destroj ed by the bill o rights r rtither nbethc ht ii inelutlt'd if t v * , â€¢â– ' ' , i tb ;â€¢ â– â– lion ! think be is not included in the pin vise ; but that hia rfgb,t i totally destroyed iji drawing this onrlusio.i 1 u4^t jt lÂ«Â»r granted sl think 1 h..ve shewn it at i!,.u plaintiff did ilciivc at least incidental prero g itivei from the kjn'g l>y ihe gfr^nt cf it44 j and itvf iii my opinion arc'tufticient to;.n wer the ctttemlarit'i purposes can it be supposed tint the i'f ',)!. took 10 them>elrtto â– ho entire sovereigjnty of the slate ami ij i't-d tlta territory thweol to bet right and propenv aiul et inttuded to pe-tnit an n|t cn iiivcstfd with re^al itntr.unhi s to in id ftiarge portion at ilmi tenito y wrfclhout ei nw^siug^ucji pebbiifsion in plain terms .' o â€¢ iliut ihcy declared t!ic p">po*ay*aj|j thp soil n a free governiiient to oc cue oi the euentuil rights of the coliril.ve body uiiri yet me iir jfmt a grqht bbe pf that x.il should be lulil and parcelled out by thlsrny a wut.^rrviu tfiiont cx^usm rrkhttag tl.m particular favun of can it be bclirvt-di f u-i i!u tic iavtiii<.i ilni ii o manor mtÂ«?tfren aie triiiuli-d to i in nc or ti per ate etiiolt nunis ci-:riviu f cs from ihe community hl in cnniidcrmion of public etÂ»ict lhat nn bjieii siiull liolil i.u.ils ii;i.l hÂ»v mtaclietl to lij tenure many important cxrlu>-ive i\i i<.-.;us-.11111 pre-eminencck ? shtkll llic plainiiff by liis ro>Â»ll'ranuhiÂ»u t.,kc uil derelict lands within his boundary lotue exclusion nfthe statt â– shall it ijc laittuiat a mun slmll liold iundtt^xcepi irani tl aperation of a sur.ute inilesi he in named therein by express \\ crdtj shall theaelandu b protected by the ututo ami yet txempj ivoni uxfiuon ? and ihi\ll tl.c-y be granted by the plaintiff in i'tc savino u uiii.u.il tribute with tlic ri^ht of esclumr in ime can it be said that this is ailch an inrli vidual as was meant in the proviso wlielii unltkn other subjects and individuals no i dies can be imputed him â€” no time m run against him ? i think the convention did not ii>teiiÂ«l nil ! this â€” i thiuk ujsir voids will not warrant such an cxpusitioiii and if they neither t 'â– 'â– - pressed it ivor intetultd to exprt-vs it there is no rround even lor implicutipn but the true construction tÂ»f the 2itl seqtiop t i i ie bill of lii^htk 1 tnke to be this :â€” i we v.o'd icing in the firs clause is equi^ftlem to live word ;>; ml to substitute the latter the clause would read thus â€” the property of the soil in a free government is one of he ! essential rights of the collective body ol tii j people by the us of ihu p&etiriplf bemg the existence ol this righi is taken fw kivn â€¢ d â€¢ tu thing stlt evident in the new trnmunt j and in a declaration of rights if < miÂ«i li tun i be collected froni the words to ascertain ihttt i the makers ol the instrument coiiriijertd ilÂ»e people ios 5 c!.s<.-(l i';i fi^iit it is ihu nn c as though ihey had deplaned it in express tevnis ' what is this ri(fht 1 call i e rijjht of i ffetniniotr au that rift hi l ich i 3 vt'ntc-d in | tiie people by a subsequent pirt of the sec j tiob to bt htu in sovereignty i cull he rw p e " tin di.nirtin sjys utu is th..t right in virtue of which tl.e natitm c.ne may use the country lor the supply of i's necessities and may dispobe i>l it in sui:ii a nianncr ami deijve from it such advuntareti as it thinks proper tiie empire is ihe right oi suyereign command wy which tiie nation ordains and regulates t i;s pleasure every thing that passes in a country kma ny free families sny in sprend over n in j dependent couutry i ome to unite in order u form a nation or state they all together pos sess the empire o\cr ihe whole country il y inhabit lor ihey already possess each l<>r i himself the domain kc in another place he says " the right which belonged to i'ic i society or to the overtii;n of disposinj in case of necessity urn l,.r llie public haftty i of all the wealth contained in the sn.tc is r.-.i j led ihe eminent domain a;.;;iin he says ij the domain of ihe nation extends to tveiy tj thinr it posvesses by a jus title ; it compre hends its ancient and original possessions and nil its acquisitions made by meant just in themselves or received s such by na tions concessions purchases conquests rnade in a uar carried on in loini uc : and by its possessions we ought not to under 1 b*4nd it lands ut all the right it ij'.y : ii the general domain of the nation over the lands it inhabits i naturally connected wiili the empire 1 he lawful domain or the <'<; main retiuctd to the aright that may belong i to a particular person in the state may l>e j teperotcd from the empire thus c e j that b ewf i t andswert gnfy is nant.t < vtlwi â– j ty jurisdiction and temmand tl*t by an | main we are to understand the possession of ! wealth and the enjoyment thereof nd that donuin in its usua sense is susceptible i ol a division â€” eminent dwiain being tiie ri.^lit hi disposing of ml the wealth contained in | the state c i naturally connected with tl u ; empire :â€” and usiftd den din bt-ing tl it ' which is reduced to the rights that may !:â€¢â€¢ ! o:v to a particular person *.-. the sit.te is ,' capable of n svptrtttio from the ensure ' after vesting the d nviin of tiie riil or i wealth of tjt sut in tke cuilfrth body of i lÂ»e people c'.!ie fttetftatj exclusion i i otheij vj rm:vi;,l:Â«n goc on to fix il.e i boundaries of tbe sate within fthub thai . light should be held ar.d enjoyed bm hav " ii.j vr:,Â»r ihe lti:u1p of the <â– !>,). 0meu>is (-.- th lafl pogr tliod elenr ancl jn imagination boldi an'l it m to this instructive argument that i uÂ»c muc'i for th information i posse's upon the subject with this advantage 1 have fhatfa it my bmlneist as it was my duty to n^say the varjoui points on which the cihisa might possibly turn aiui u analyze to the utmost of my abilir1es the tnis matter of the c.^e in doing this i have followed tlie order a do;ite:l by the counsel ; but as inv opinion will only be delivered on one of the points made in the came i hill v"y cbnciseiy toucli trprm the others l'ull of'.t'rroraslhls opinion miv pissi')lv be it was foi'med by the best lights ol my in 1 " i ; hhd i have at least tht consolation offeilirij that it is an udvf'ilt oivj 1'lic vi^'u ir ma piaimtmt m i stood on the twelfth of febunry 1776 win not denial in tin 1 ftrttutnent because it nppuujffd to bfl s itisfacto'ily proved ; birt it wis contended that h'e had since been divested of his tiilv i'o one of the following causes : 1st thi't his title w veiteflin the state 1 1 the effect of tliv revolution or liill of hi.'iits 2d t'lititwas conriscatcvi 3 1 tii.it the n'.ii.uih was disabled ay a lleftaija to hold lands t'.ii thai he whs barred by the stsmie of limita is ' i id ii â– " mt from kv*i<j geor$n the ~<\ to john lord carteretj there w ffrty transfer uf uovterei^nty hf ih ! gnvehim nt propertyi brterritoriil rights oftlje un'lvtn t]uÂ«'Â»lionj then the plaintiff certainly torus divested by e preat'y uf i'cac tr sav rtnthm of the ') cl ivation of independence or fth:c/on stituiion of this s'-ue if ineie wa nei ther sovereignty no any o - iil qrmmlrsys whatever'bfi"atited tlien the plaintiff is to bts oonsldercd teta meresub'ject an nssucuhis rii;iil w.umvfd by the hill of kiifl'.ts bow ver i niiiiht be affl-cltd nfi'-nnr'ls it is imp rtant therefore to kn-".r if any and what royal iuhnmi'iie yfvve bestowed vwni i ord cavteret afterivard f.ord irvitivrllit gy'uie an.i this luiowletlgs will le.i'l ujt to <\ true constntctioh.tjf tlie ijiil ol rights as it bears upon thi case attir gratyiiun and cotifrnninp the litnl an-1 imiitl privtte'^s and dpairi'tojjaffr-es ti the grantee the clause runs this " together with i and stn'iluur thu lilt and as amplo ri;!/.s privileges royalties liberties irnniu iti'.;s ancl franchises of what kin.l soever within the said one-eighth part of the said provinces or territories s tjivfdfed set out uud allotted to thcsai'l john lord carteret t3 n b re laid in as ample winner and form ns thf said jii'm tiord cdrteret together wiili tlv sai i duk'i of beaufort kr naming the several lords proprietors any or either of them could have held used 6r enjoyed tha sarnt by rirtue of the sbw letters patent kc exc pt n<ivertheless f but of this grant the powrs '>\' muki.ii l."vs calling or holding o viaetnblies creating courts of justice appointing judges or justices pardoning criminals creating or granting titles of ho nour making ports or havens taking cus toms or duties on poods hicieii or unladen making and erecting counties forts castles aivl eitk s m furnishing them with habili ments of war incorporating cities borough ., towns villacfes or anv ot);er place or plai % raising employing oi directing the miliiia m ikiiip war or executing martial jaw exer cising any of iik ri-c.il rights of a county pa latine and of v-iti uting orexercinlng a iiv nther lhn prerbgativus pre-'emin'^ncei rights jurisdictions and authorities of belon ging or relatinif to tlic administration of the government of ihe vaid one-eighth part of the said provinces f<x to have and to hold the s..id one-eiirhth part j<c and all oilier the royalties f tnchises powers privileges kc except as before excepted thei'j exceptions are numerous and com prehensive but i hey are at lant nolliing move than exceptions ami therefore cannot be baid lo comprehend all the king's prero gatives : for it would have been idle to grant certain royalties with an exception as broad as the rsnt and absurd to sa that an excep tion which is a constituent part is equivali nt to the integer it is not an easy ihinp to enumerate all the prerogatives and regal lig nitieaof a mctnareit whose power i to most purposes undefined by any written instru ment : nor at any rate ran it be supposed lhat the solicitor who drew this grant aimed at a full enumeration â€” the exn p tions may possibly comprehend all the dn â– : : prerogatives of the cro>rn : but they certain lv o not include ell the incidental preroga tives a few of the ! t'ter and mich as ap ptrar not lobe included in the exceptions i will here undertake to enumerate no ensis ( in se recovered against the kintr . â€¢ his ttetrt irhall e fÂ»refisrr>d before that of a i sr'ij ct â€” where the title of the kim and a romnvvi p~ersoit dortfclir thf kind's title shall in prefered ; no distress cÂ»n sc rrttde upon 1 the eiinufs pr)Â»sÂ«i*jon ; no entry will biv the â€¢ king ; in ii pteadin ;, he need not plead i m act o i art jmenc as a subject is bound todo be i-i i r i bound to join in demurrer to evidence andthecbtirt may direct the jury to ti'i.l the mutter spr â– llv ; i>e is exempt ; fcotltll&cji ht u->cr can be a dimet ; if :\ i lf.tgir janvxuy 3 circuit court of tlic united states noh â€¢' t carolina district december term isoj â€¢ ceorg v ovehtut trustee t j7 for the devisees of the karl gran 1 t vllle versus j 1 j(isiau collins j " this cause which 1ms cr.rited id much in ternt in the sta'c and v!jich we noticed in our lust w.is brought 10 recover a u.ict tit laud lying within the district of the 1'iarl qranvitle and i â– * parcel of that tcr riory which was chartered to lord carte rct by km;;car li the plaintiff iii-du cl'<l ilis title from john i.oi-'l <".. â€¢ nv,1)r vho hri'tofcj ii !))â– grant hearing date in i7i the proprietary cliini derived from car ii ha been surrendert d to tire crown anil a jjnuit t^kfi for t lie lame land as above and whether tin grant contained prerogatives or only the iimui ppurtenuncca in a tee simple appeared to be the question wiu tu court mid upon th t point hung the decision of the cause the object in brihgihg tills suit was ni'ere â€¢ y ti/tiy tin principle ; ami shouu tl â– > pbin'iffultiniaiely succeed lv will claim all ilio lancivwullifi hii district not granted or conveyed by the late earl graft villa cv bis ancestors upon tli c!o"c of he arp"jrner!ts judge tpotteii addressed the iw'y and remarked that the meanest individual of whatever na tion or cli'nr had a right to demand a fair thvl impartial trial of his iii'se - thai it was fivculiuly the duty of the court and jury 'Â» lives themselves as much s possible of all bin whether from favour ov prejudice that it was p uticu r!v necessary in the case he lore them to'k'ixnl hiuy wth tin influ ence as oopulur ckiinunr jitrdbeen'buit anil sentiment of the merits of the civile precon cctvefu he therefore a,dvi9ed then to cm siderthe â€¢! itional chafracier ofilib p ink's but to tre.it tbrm s cir"ivÂ«lv uni;ii n 1 ilivm - oi't consider tfreni ucrfvctly c ual in point j fivotir lie then infdrmed'tv.e jurythi they pos tered the right rtf finding tirtrev a geimf'ml or special vtulif i â€” that the latter irssa finding of the mere i'.icts and referring the l w thereon to the court and that tlie former was to compound linir verdict of the law and fuels ik observed that though it were his wish as tin individual that the determination of tlu â– court should undergo Â» revision f>o that the law might be settled : et he would not un dertake to advise the finding of s special ver dict merely for the purpose of affording means for caftying upthe ca'use to tire su toivme court : and ho thought it his duty to inform them too that the principal reason for a special verdict was wanting in thif case : he was ready to decline the law to them as lie understood it and that the opinion he had formed was precisely tlie me in all proba bility as lhat which he should deliver on a pedal verdict b-jt that they might take which ever course they thought proper ( the ther by finding a special verdict ol by imi tlinii a general verdict concurring or not co'icurrint with the opinion oi'tlie co'irt lie then s'lid that the charge which he u"\s bo\it to give ihem he iih'1 prepared in the form of an opinion in order that theroun p'lmisl understand distinctly the reasons for that opinion : â€” he then delivered the fol lowing c ii a r g e in leci'.litiij a cause of much importance even between individuals whose rights alone are lo be affected it is to be supposed that t!ie court must possess great solicitude jeÂ»t by a rouguided judgment it may do a wrong to one di the parties for which it may relent wjien it is too late tlow much more must be the concern if the court in the present cum where on the one hand nut on ly an individual may l greittly injured imt tin nationul honour t[ueÂ«'ioned ; and on tiie oilier hand die rights of thousands depend ii hi the decision in any case of such n;encrfil concern and p't'dic â€¢ jcpectntii n i bh'/uld ponder though the cai sli'iulil he clear 1 should hesjtu^e though v liiiiki it ubtpcj not i.ii ! i should i-'iiisl inv own judgmcn'i lhu li 1 had confidence in it uv >â– ,. , embarrassing t's il'Â«re w .". ii si now nndt r judgm it 1 ., vikii had i - . . a contraviety f opinion au.irfi the r tt'leamcdhi the law and had l itln'.vfl my owi intelucts w.tii mucb doubt i^l lidiiuliy this weight â€¢>!'! i ttimcilty v is creailv incensed f oo v tin loftsofihat f tidnnce and biipport which \ onfilv r c j and b'lt foi the pecumur nhuatton in v'lirh ha was placed 1 should have derived iro'n thvx'lnvi jtjsticc but h^rd und unpleasant as t'ic fask'watf thr i'upunf <â€¢! iuiy bore ilown all dimcul y . 1 bv i if i m of the ci.unarl i thought i p ii-ci^ct lb t.iuh of tiic cuiuc in litc^a tion if ! r.vn no informed upon tlie subject ihe f.vl isnr i 7i : for alt thtrt wa ntccssary !â– ' i â€¢â– â– â€¢ i ii arrumwvt on either wc was sjniplv i m s i l>y tlw connftel at ilir bar â€” txjuxroou l:j m ttims forcible in iuc

w lijiviirncjf i un - ya^lhj 1 i fci volume x rudlisiied wkkkly nv ai.lmand uall tuesday february 4 lÂ«0 l\0 474 river so fci n ihjtre is a hix of t*ic sra 1 .. us ii channel bat chfiyiel belongs if i the king m isdot uouna by an act of far i liament unless hebe ikait.il therein fa^y fpe i4l anil particular woi'iu nullum tempui of r i â€¢/-!,â€¢ ruul muny oilier regalia of like â– ni .> rt x v let m c/insmer life plaintiff ( v!k ilt tui cs bis jitje from lord caifcrcl p sensed of ihote royalties us parcel uf lilt > kii>nt and see it he w t all'ectid by ihe revo lu'ti'.u in i ho flili of hi i ts rlie i z ira'io.-i of ilighu and indepen dence tr the united stqtej were noi tlio nt cessay cous'.-qutnee of tl'e revolution any tnontthaa the constituti'iu l this suit wa : tlicn i dunnrft perceive ui uo.st colour for â– jbi supposition that ihe puiw.u wi ilivrs ; led liy uie mere ulivct of ih jsevulu'.iou uh-.i icki it i upon h ciouuil ut alienage ol wi.khkt.tne notice will uÂ«tai.cn in its vomv â€¢ hip flm of hji;lit in n*.)ri!i-cai-o!t:-,.i biil)is pan of the coinuitulionof th suic i'"wp t ciu itstif if the coiweniiuu wlto formsr this instrument cpn^iderecj lh jlnl i jin ilic as a iik-rc inflivitliuil or subject isri)!:e of ;,|| tlie royal di^niiiti ami iran phises v/liii-h he posa^ssejl under the l,ciu-is patent fiom car $, then i have no iicsita donln anylng thatbu lii^lit waa pre>kÂ«rÂ«ed uy hti bhvina clause in the 35th sectiotii j'lns oj)iru ii however i declare , v1 ||, mucli 4 fvrence and respect for thr defplenrning solid judgment of ;> r'-;.|)r thern wiiboul uti entire surrender oi my own opinion i have no iuutimhc no reason or argument is required ! o sup port the position i have laid dojvtij the â€¢ word ofslie proviso arc simple and compre hensive not in themselvet capable as itap > pears to na 6f niiscohs'triretion ; and by the generality nf tit expresiinus the sub i j i-k i,f giflat-nii'ain as rcil is the iiii/.:ns i of nv.rth-cinlina wi-ru certainly inciudedt | to rcs'r in the generality lif'these uxpves | s ; ns by other pni'u of the.fconstitution nii'd \ by the supposed intent of the convention rn'.ii-rih fi'om pxfftfrfeou circumstances his j beetl the hljor and study of many : but none , have succeeded to my satnfuction in this j â€¢ case it would be as tinnecos*ary as it woulj j oetedious'n through all the negative rea j boning against this restraining principle â€¢ bill i will tncleavoor to give uie true construe ; , t!nn of this section as it re^i'ds the present ( | pluintift i hilitvethat the piainti'ff posstssct royal i ties under the grantfroni george 2d it is 1 then fuir to suppove that the cbnvcnlion tn i i t rtainrd ihe s.tnie opinion indeed the j 1 fcrnnt itself was implred notice of the laci j i it vvaa a pu lir and noiprioub t!,in of which ! : the convention must be presumed to have j i knowwpe they bad expn is \ j notice i for as early -\% tla year i t4h the i j ras recognized by an act of asseinbly i ; in tills point of view let us nee if the ' ; lifts title is affected hy ihe l'.ill of h'ghts j j the constitution of ftor*lh-carolina liki those of other utatep in the union assunie'j } ! the entire soveveighty of the state and pla j j r it in the ham's off the collective body 6f , 1 the people â€” inctninj i!ie citizens thereof j i declarer that ill jrolitical powers is ves i tcl in and derived from the people only that th people of this stith ought to i ve 1 the sole and exclusite-tigm of regulating the i j in'ernal governmentand pdlice thereof tliat i no man is entitled to exclusive or seperate \ emoluments arpriviligtt from the communl ' : ty but in consideration of the public servi i \ ces â€” find that the property of the soil in a i i free government heiiuj one of ihe essential | ' rights of the collective body of the people ; . i therefore all the territories c are the right i j and property of the people of this state to j : be held by them in sovereignty ' now this constitution must operate upon : the present ri'.se in one ef the following ' j ways : â€” 1st it must strip he plaintiffs ! right of all il rr ghliu and u ave the mere ice ! j simple preserved by the proviso which i j ; cannot imagine or in.lly it protects the ! i whole right by leaving it unail'ei ted or | j 3rd!y it works a total destruction of the i right i that the plaintiff royalties wight l^nve been severed from the freehold so as to i continue the naked fee simple i:i him i ad mit but that it mas done 1 cannot believe ' it would not have been an ordinary thing rtiereforre ifit had been intended it s!i()iild i have x-en so expressed the royalties | mt-re eiirrafti.il in and rnnde part of the plain i tiff's ',â€¢'_â€¢ ; and a man is ml prentmed ;y ihe gfr^nt cf it44 j and itvf iii my opinion arc'tufticient to;.n wer the ctttemlarit'i purposes can it be supposed tint the i'f ',)!. took 10 them>elrtto â– ho entire sovereigjnty of the slate ami ij i't-d tlta territory thweol to bet right and propenv aiul et inttuded to pe-tnit an n|t cn iiivcstfd with re^al itntr.unhi s to in id ftiarge portion at ilmi tenito y wrfclhout ei nw^siug^ucji pebbiifsion in plain terms .' o â€¢ iliut ihcy declared t!ic p">po*ay*aj|j thp soil n a free governiiient to oc cue oi the euentuil rights of the coliril.ve body uiiri yet me iir jfmt a grqht bbe pf that x.il should be lulil and parcelled out by thlsrny a wut.^rrviu tfiiont cx^usm rrkhttag tl.m particular favun of can it be bclirvt-di f u-i i!u tic iavtiii-ive i\i iÂ»ll'ranuhiÂ»u t.,kc uil derelict lands within his boundary lotue exclusion nfthe statt â– shall it ijc laittuiat a mun slmll liold iundtt^xcepi irani tl aperation of a sur.ute inilesi he in named therein by express \\ crdtj shall theaelandu b protected by the ututo ami yet txempj ivoni uxfiuon ? and ihi\ll tl.c-y be granted by the plaintiff in i'tc savino u uiii.u.il tribute with tlic ri^ht of esclumr in ime can it be said that this is ailch an inrli vidual as was meant in the proviso wlielii unltkn other subjects and individuals no i dies can be imputed him â€” no time m run against him ? i think the convention did not ii>teiiÂ«l nil ! this â€” i thiuk ujsir voids will not warrant such an cxpusitioiii and if they neither t 'â– 'â– - pressed it ivor intetultd to exprt-vs it there is no rround even lor implicutipn but the true construction tÂ»f the 2itl seqtiop t i i ie bill of lii^htk 1 tnke to be this :â€” i we v.o'd icing in the firs clause is equi^ftlem to live word ;>; ml to substitute the latter the clause would read thus â€” the property of the soil in a free government is one of he ! essential rights of the collective body ol tii j people by the us of ihu p&etiriplf bemg the existence ol this righi is taken fw kivn â€¢ d â€¢ tu thing stlt evident in the new trnmunt j and in a declaration of rights if < miÂ«i li tun i be collected froni the words to ascertain ihttt i the makers ol the instrument coiiriijertd ilÂ»e people ios 5 c!.sl it in sui:ii a nianncr ami deijve from it such advuntareti as it thinks proper tiie empire is ihe right oi suyereign command wy which tiie nation ordains and regulates t i;s pleasure every thing that passes in a country kma ny free families sny in sprend over n in j dependent couutry i ome to unite in order u form a nation or state they all together pos sess the empire o\cr ihe whole country il y inhabit lor ihey already possess each l<>r i himself the domain kc in another place he says " the right which belonged to i'ic i society or to the overtii;n of disposinj in case of necessity urn l,.r llie public haftty i of all the wealth contained in the sn.tc is r.-.i j led ihe eminent domain a;.;;iin he says ij the domain of ihe nation extends to tveiy tj thinr it posvesses by a jus title ; it compre hends its ancient and original possessions and nil its acquisitions made by meant just in themselves or received s such by na tions concessions purchases conquests rnade in a uar carried on in loini uc : and by its possessions we ought not to under 1 b*4nd it lands ut all the right it ij'.y : ii the general domain of the nation over the lands it inhabits i naturally connected wiili the empire 1 he lawful domain or the e j teperotcd from the empire thus c e j that b ewf i t andswert gnfy is nant.t < vtlwi â– j ty jurisdiction and temmand tl*t by an | main we are to understand the possession of ! wealth and the enjoyment thereof nd that donuin in its usua sense is susceptible i ol a division â€” eminent dwiain being tiie ri.^lit hi disposing of ml the wealth contained in | the state c i naturally connected with tl u ; empire :â€” and usiftd den din bt-ing tl it ' which is reduced to the rights that may !:â€¢â€¢ ! o:v to a particular person *.-. the sit.te is ,' capable of n svptrtttio from the ensure ' after vesting the d nviin of tiie riil or i wealth of tjt sut in tke cuilfrth body of i lÂ»e people c'.!ie fttetftatj exclusion i i otheij vj rm:vi;,l:Â«n goc on to fix il.e i boundaries of tbe sate within fthub thai . light should be held ar.d enjoyed bm hav " ii.j vr:,Â»r ihe lti:u1p of the ,). 0meu>is (-.- th lafl pogr tliod elenr ancl jn imagination boldi an'l it m to this instructive argument that i uÂ»c muc'i for th information i posse's upon the subject with this advantage 1 have fhatfa it my bmlneist as it was my duty to n^say the varjoui points on which the cihisa might possibly turn aiui u analyze to the utmost of my abilir1es the tnis matter of the c.^e in doing this i have followed tlie order a do;ite:l by the counsel ; but as inv opinion will only be delivered on one of the points made in the came i hill v"y cbnciseiy toucli trprm the others l'ull of'.t'rroraslhls opinion miv pissi')lv be it was foi'med by the best lights ol my in 1 " i ; hhd i have at least tht consolation offeilirij that it is an udvf'ilt oivj 1'lic vi^'u ir ma piaimtmt m i stood on the twelfth of febunry 1776 win not denial in tin 1 ftrttutnent because it nppuujffd to bfl s itisfacto'ily proved ; birt it wis contended that h'e had since been divested of his tiilv i'o one of the following causes : 1st thi't his title w veiteflin the state 1 1 the effect of tliv revolution or liill of hi.'iits 2d t'lititwas conriscatcvi 3 1 tii.it the n'.ii.uih was disabled ay a lleftaija to hold lands t'.ii thai he whs barred by the stsmie of limita is ' i id ii â– " mt from kv*i\' muki.ii l."vs calling or holding o viaetnblies creating courts of justice appointing judges or justices pardoning criminals creating or granting titles of ho nour making ports or havens taking cus toms or duties on poods hicieii or unladen making and erecting counties forts castles aivl eitk s m furnishing them with habili ments of war incorporating cities borough ., towns villacfes or anv ot);er place or plai % raising employing oi directing the miliiia m ikiiip war or executing martial jaw exer cising any of iik ri-c.il rights of a county pa latine and of v-iti uting orexercinlng a iiv nther lhn prerbgativus pre-'emin'^ncei rights jurisdictions and authorities of belon ging or relatinif to tlic administration of the government of ihe vaid one-eighth part of the said provinces frn : but they certain lv o not include ell the incidental preroga tives a few of the ! t'ter and mich as ap ptrar not lobe included in the exceptions i will here undertake to enumerate no ensis ( in se recovered against the kintr . â€¢ his ttetrt irhall e fÂ»refisrr>d before that of a i sr'ij ct â€” where the title of the kim and a romnvvi p~ersoit dortfclir thf kind's title shall in prefered ; no distress cÂ»n sc rrttde upon 1 the eiinufs pr)Â»sÂ«i*jon ; no entry will biv the â€¢ king ; in ii pteadin ;, he need not plead i m act o i art jmenc as a subject is bound todo be i-i i r i bound to join in demurrer to evidence andthecbtirt may direct the jury to ti'i.l the mutter spr â– llv ; i>e is exempt ; fcotltll&cji ht u->cr can be a dimet ; if :\ i lf.tgir janvxuy 3 circuit court of tlic united states noh â€¢' t carolina district december term isoj â€¢ ceorg v ovehtut trustee t j7 for the devisees of the karl gran 1 t vllle versus j 1 j(isiau collins j " this cause which 1ms cr.rited id much in ternt in the sta'c and v!jich we noticed in our lust w.is brought 10 recover a u.ict tit laud lying within the district of the 1'iarl qranvitle and i â– * parcel of that tcr riory which was chartered to lord carte rct by km;;car li the plaintiff iii-du cl' pbin'iffultiniaiely succeed lv will claim all ilio lancivwullifi hii district not granted or conveyed by the late earl graft villa cv bis ancestors upon tli c!o"c of he arp"jrner!ts judge tpotteii addressed the iw'y and remarked that the meanest individual of whatever na tion or cli'nr had a right to demand a fair thvl impartial trial of his iii'se - thai it was fivculiuly the duty of the court and jury 'Â» lives themselves as much s possible of all bin whether from favour ov prejudice that it was p uticu r!v necessary in the case he lore them to'k'ixnl hiuy wth tin influ ence as oopulur ckiinunr jitrdbeen'buit anil sentiment of the merits of the civile precon cctvefu he therefore a,dvi9ed then to cm siderthe â€¢! itional chafracier ofilib p ink's but to tre.it tbrm s cir"ivÂ«lv uni;ii n 1 ilivm - oi't consider tfreni ucrfvctly c ual in point j fivotir lie then infdrmed'tv.e jurythi they pos tered the right rtf finding tirtrev a geimf'ml or special vtulif i â€” that the latter irssa finding of the mere i'.icts and referring the l w thereon to the court and that tlie former was to compound linir verdict of the law and fuels ik observed that though it were his wish as tin individual that the determination of tlu â– court should undergo Â» revision f>o that the law might be settled : et he would not un dertake to advise the finding of s special ver dict merely for the purpose of affording means for caftying upthe ca'use to tire su toivme court : and ho thought it his duty to inform them too that the principal reason for a special verdict was wanting in thif case : he was ready to decline the law to them as lie understood it and that the opinion he had formed was precisely tlie me in all proba bility as lhat which he should deliver on a pedal verdict b-jt that they might take which ever course they thought proper ( the ther by finding a special verdict ol by imi tlinii a general verdict concurring or not co'icurrint with the opinion oi'tlie co'irt lie then s'lid that the charge which he u"\s bo\it to give ihem he iih'1 prepared in the form of an opinion in order that theroun p'lmisl understand distinctly the reasons for that opinion : â€” he then delivered the fol lowing c ii a r g e in leci'.litiij a cause of much importance even between individuals whose rights alone are lo be affected it is to be supposed that t!ie court must possess great solicitude jeÂ»t by a rouguided judgment it may do a wrong to one di the parties for which it may relent wjien it is too late tlow much more must be the concern if the court in the present cum where on the one hand nut on ly an individual may l greittly injured imt tin nationul honour t[ueÂ«'ioned ; and on tiie oilier hand die rights of thousands depend ii hi the decision in any case of such n;encrfil concern and p't'dic â€¢ jcpectntii n i bh'/uld ponder though the cai sli'iulil he clear 1 should hesjtu^e though v liiiiki it ubtpcj not i.ii ! i should i-'iiisl inv own judgmcn'i lhu li 1 had confidence in it uv >â– ,. , embarrassing t's il'Â«re w .". ii si now nndt r judgm it 1 ., vikii had i - . . a contraviety f opinion au.irfi the r tt'leamcdhi the law and had l itln'.vfl my owi intelucts w.tii mucb doubt i^l lidiiuliy this weight â€¢>!'! i ttimcilty v is creailv incensed f oo v tin loftsofihat f tidnnce and biipport which \ onfilv r c j and b'lt foi the pecumur nhuatton in v'lirh ha was placed 1 should have derived iro'n thvx'lnvi jtjsticc but h^rd und unpleasant as t'ic fask'watf thr i'upunf y tlw connftel at ilir bar â€” txjuxroou l:j m ttims forcible in iuc